When an individual is falsely accused of rape, the defenses fall into three basic categories:

1) The defendant did not have sex with the complainant. This means that either the complainant
is lying about having sex, or the complaint has mis-identified the assailant.

2) The defendant had sex with the complainant but the sex was actually consensual.

3) The defendant had sex with the complainant and the defendant had a reasonable good faith
belief that the complainant consented, whether or not there was actual consent. In California this
is referred to as the Mayberry Defense (People v. Mayberry (1975) 15 Cal. 3d 143)

Because the crime of rape has become a political hot button, the state legislature has passed no
laws to make it easier for anyone falsely accused of rape to introduce evidence in any of these
three defenses. Quite simply, being concerned with the rights of someone falsely accused of this
terrible crime doesn't make politicians popular in the poles. That is why the fate of the falsely
accused rests in the trial skills of the defense attorney to overcome a biased system.

Sentencing

There is only one thing worse than being falsely accused of rape, that is being falsely convicted of
rape. As a convicted rapist, the "falsely convicted" faces registering as a sex offender for the remainder of his life-after having served a long prison sentence. In California the law used to
state that a defendant could be sentenced up to eight years on one count of rape, with two years
for each subsequent count. The law was changed to punish the convicted with an 8-year sentence
for each count, and all counts to be served consecutively. In other words, two counts of rape can
be punished with a 16-year prison term instead of a once 8 years plus 2 years for a total of
10 years.

More disturbing is the prosecutor's ability to turn a single alleged rape into numerous counts
because different sexual acts during one encounter can now be considered separate crimes.
For example the "falsely convicted" could be sentenced to eight years for intercourse, eight years
for rape with a foreign object (i.e. a finger), and eight years for sodomy if the jury finds the
defendant guilty. If the complainant alleges that the accused stopped the rape and then started
over, each new acts becomes an additional count. Extreme sentences of 30 or more years have
become commonplace as a result of these changes.

Finally, someone who is falsely convicted was once given 50% credit (half off) on his sentence for
good behavior and doing a job in prison. Credit for good behavior/work time has now been
reduced to only 15%. That is the equivalent of increasing actual sentences by 70% just by
changing the method that good time/work time is calculated.

Conclusion

Because of the nature of the crime and the previous victims who did not obtain justice, the rape complainant has an army of lobbyists still pressuring the legislature to pass laws that favor the alleged victim at the expense of the defendant's rights. Those who are falsely accused rarely have representation when new laws are being proposed. Even if the falsely accused do have a few lay spokespersons attempting to educate the legislature, the typical politician does not want to become involved with such an explosive issue. There are few people in office willing to risk a political career for a few people falsely accused of rape.

The only way to overcome judicial and legal inequity is with a thorough, professional investigation
and with evidence presented by a highly skilled attorney. It is a matter of educating the jurors
so that they can make informed decisions about what is and is not true in an allegation of rape.

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